The meeting was called to order at 7:37 p.m. and the following members
were present:

Gary GirardVictor
Calabretta

Barry HollandRichard
Ventrone

Michael White

Commissioners Hubbard and Brown arrived at 7:38 p.m.

Also present:

Lisa Bryer, AICP – Town Planner

Cinthia Reppe – Recording Clerk

John Murphy – Attorney

Joseph Manning

John Collins

Ray and Karyne Bazzano, Preston RE LLC

Bruce McIntyre – Attorney

Robert Ornstein, Arris Design

Matthew Viana, Northeast Engineers & Consultants, Inc.

Ian Thompson, Parker Thompson General Contracting

I. Approval of Minutes from April 19, 2006

A motion was made by Commissioner Calabretta and seconded by
Commissioner White to accept the minutes as written.So unanimously voted.Commissioner Holland abstains.

II. Correspondence

1. FYI – Letter from John Collins Re: Zoning Laws

Mr. Collins spoke to the Planning Commission regarding his
letter.What’s the definition of a
temporary storage container he would like to know.He has been looking at one for 4 years and
there is nothing regarding enforcement in the zoning ordinance at this
time.His recommendation is 12-18 months
during construction would be temporary.He would like something definitive done regarding this. Commissioner
Girard stated that we will be looking at the zoning ordinance in the upcoming
months and that that would be the time to address these issues.He thanked him for bringing these issues
forth.

2. FYI – Joint Meeting with Zoning Board and Town Council May 18th 2006

Commissioner Girard informed the board of the joint workshop
with the Town Council that was scheduled for May 18th to discuss the
High Groundwater Ordinance.He also told
the board about the upcoming meeting with the Chamber
of Commerce June 18th.

III. Citizen’s Non Agenda Item – nothing at this time

IV. Reports

1. Town Planner’s Report

2. Chairpersons report

3. Town Committees

a. Harbor

b. FortGetty

Commissioner Hubbard reported that the FortGetty plan has been accepted by the committee and will be
before the town council on Monday May
8th meeting.

c. Buildings and Facilities

d. Others

Parking Committee met and discussed
beach access and issuing a sticker for the residents of the shores, who have
said there is never any room for them to park.

Bike
Committee – Town Planner Lisa Bryer reported
that the Town Council approved requesting that the approved bike route that was
funded by DOT be changed to continue down North Road
to Arnold Avenue instead of
turning on Weeden Lane.Par Engineering is working with the Town on
this request.

Attorney John Murphy
represents The Manning Family they are in agreement with the Town Planners
report.Subsection D paragraph 6 rather
than the word final ISDS approval, “subdivision suitability”should be inserted.He thanked the Planning Commission for their
help in this whole process.

Commissioner Ventrone said they never voted on the sprinkler
system issue.It wasn’t taken to a vote
at that point because he thought it would not be legal and has since found out
that it would and could be legal and wants to take it to a vote.He wants support from the members
of the Planning Commission to not allow automatic sprinkler systems in the
subdivision.Commissioner Brown wants to
support Zoning Officer Fred Brown on this issue. Commissioner Holland says he
does not support it because there is not any scientific evidence on this that
clearly says it will use more water.Commissioner Hubbard supports Mr. Brown too, and is in agreement with
Commissioner Ventrone.

Attorney John Murphy said
in Mr. Gifford’s expert opinion automatic sprinklers use less water than hand
watering.

Commissioner Ventrone made a motion that they not allow
sprinkler systems in the Manning subdivision.Commissioner Hubbard seconds the motion.So voted:

Gary Girard – AyeVictor
Calabretta – Nay

Betty Hubbard – AyeBarry
Holland – Nay

Jean Brown – NayRichard
Ventrone – Aye

Michael White – Nay

Motion does not carry by a vote of 4-3.

Commissioner Calabretta made a motion and Commissioner White
seconded the motion to approve Manning.

1.The subdivision is consistent with the requirements of
the Jamestown Comprehensive Plan and/or shall satisfactorily address the issues
where there may be inconsistencies.The
Comprehensive Plan states that “if houses were developed on a minimum of
one-acre lots, groundwater supply in Jamestown
would be more than adequate…”The
subject subdivision is located in an R-40 district requiring 40,000 square feet
for each dwelling unit.The proposed
subdivision is located directly adjacent to the densely developed JamestownShores area.The Comprehensive Plan states that based upon
the “density in the JamestownShores
of 2 to 4 homes per acre, that the (water) usage is more than the total
available groundwater supply and does not include a buffer.Development density of this magnitude will
result in overdrafts to the groundwater supply, especially during droughts or
times of heavy seasonal water usage.”Based upon this information and testimony at the Master Plan
Informational Meeting held April 7,
2004 indicating that the abutters to this subdivision have already
experienced water quality and quantity problems, the Planning Commission
required the developer to have prepared a hydrogeologic
study for the site.The Scope of that
study was agreed upon by the subdivider’s Engineer,
Northeast Engineers, their hydrologist Paul B. Aldinger and Associates, the
Town’s reviewing consultant Dr. Daniel Urish and the Jamestown Planning
Commission.This study conducted by Dr.
Aldinger was determined by Dr. Urish and the Jamestown Planning Commission to
be thorough and adequate and the Planning Commission determined that the
applicant has conducted due diligence in insuring that the proposed subdivision
will not have an adverse impact on the groundwater supplies and/or quality of
the proposed subdivision lots or the surrounding existing dwellings.

2.Each lot in the
subdivision conforms to the standards and provisions of the Jamestown Zoning
Ordinance;

3.No building lot is designed and located in such a
manner as to require relief from Article 3, Section 308 of the Zoning Ordinance
as long as the proposed system is located a minimum of 150 feet from the edge
of any wetland.No wetlands have been
identified on site or within 200 feet of the site;

4.There will be no significant negative environmental
impacts from the proposed development as shown on the plans, with all required
conditions for approval;

5.The subdivision as proposed will not result in the
creation of individual lots with such physical constraints to development that
building on those lots according to pertinent regulations and buildings
standards would be impracticable;

6.All subdivision lots have adequate and permanent
physical access to a public street, namely, Cedar Lane
and North Road.Lot frontage on a
public street without physical access shall not be considered compliant with
this requirement;

7.The subdivision provides for safe circulation of
pedestrian and vehicular traffic, for adequate surface water runoff, for
suitable building sites and for preservation of natural, historical, or
cultural features that contribute to the attractiveness of the community.Surface water runoff will be handled per the
approved Storm water Management Plan for Cedar Lane Farm, prepared by Northeast
Engineers and Consultants, Inc., dated January
2006.An ownership and maintenance
agreement for the drainage structures will be recorded with the Final
Subdivision Plan at the office of the Jamestown Town Clerk ;

8.The design and location of streets, building lots,
utilities, drainage improvements, and other improvements in the subdivision
minimize flooding and soil erosion.A
Soil Erosion and Sediment Control Plan has been approved and will be adhered to
during construction of subdivision improvements;

9.The use of open space in the proposed Residential
Cluster Development is an appropriate use and is consistent with the
requirements of Article IV.A.4.; and,

10.All lots in the subdivision have access to sufficient
potable water for the intended use.Paul
B. Aldinger and Associates in their Geohydrologic
Investigation Reportfor the Manning Subdivision dated January 2005 indicated that
“The estimated yield of the three wells drilled on-site for this study at 3 to
10 gpm are more than adequate to meet a daily demand
of 600 gal/d, and it is likely that six additional wells having equal or
greater yields are obtainable at the locations chosen.”.Of the nine off site wells that were
monitored based upon their relative locations to the subdivision site, the
report indicated that “Interference resulting from pumping of adjacent wells
appears to be small.Proposed locations of nine proposed wells in
the Manning subdivision are 80 to 240 ft. apart and interference effects among
these wells are also expected to be minimal.”With respect to groundwater quality, Dr. Paul B.
Aldinger indicated in an addendum letter dated February 15,
2006 that “nitrate levels will be lower than the allowable level in State and
Federal drinking water standards of 10 mg/L and the desired level of 5
mg/L.“The potential nitrate loading is
estimated to be 4.96 mg/L, a level that Dr. Aldinger believes to be “relatively
conservative” and he states that “we believe nitrate levels will be somewhat
lower than predicted.”Based upon a more
“realistic” estimate which used more site specific, modified assumptions, PBA
indicated that the subdivision yielded a value of 2.39 mg/L of nitrate.These results were acceptable to the Planning
Commission when presented on February
15, 2006.

B.Waivers from the Subdivision and Land
Development Regulations

The Planning Board agrees to
Grant the following waiver:

1.The subdivider shall not be
required to construct the street as required in Article XIII and shall be
permitted to construct a non-paved street to access the nine lots;

C.Findings of Fact for Granting Waivers

In Support
of the waiver, the Board makes the following findings of fact:

1.The subdivider desires to maintain the rural character of the
area while maximizing groundwater infiltration and aiding in stormwater control on and off site and access the nine
building lots by an eighteen foot wide gravel roadway.

2.The Planning Commisison has
determined that the request for "Waivers" to the Subdivision
Regulations is reasonable and within the general purposes and intents of the
Subdivision Regulations; and,

3.That providing waivers to the Subdivision Regulations
is in the best interest of good planning practice and design as evidenced by
consistency with the Comprehensive Community Plan and the Zoning Ordinance.

D.Conditions of Approval

1.That payment of a fee in-lieu-of land dedication shall
be required for this subdivision in the amount required by Article IIID of the
Jamestown Subdivision Regulations. This fee shall be determined at the time of
filing of the final plat and paid prior to recording of the final plan;

2.Granite monuments shall be placed at all corner points
of the nine lots;

3.After final review and approval by the Town Planner and
the Town Solicitor, the applicant shall record the following legal documents
with the Final Plat:

a.Conservation Easement for the open space, including
permission to the Town to monitor the well periodically. Or an easement to the
Town over the open space to monitor the well, as shown on the plans;

b.Upland Farm Development Agreement

c.Legal document setting up homeowners association for
the purposes of ownership and maintenance of roadway;

d.Ownership and Maintenance of roadway including drainage
structures (as per storm water management plan by Northeast Engineers and
Consultants, Inc. dated January 2006)

4.Recommend that homeowners be conservative in their use
of well water.The Homeowners
Association should provide water conservation literature to new
homeowners.If automatic sprinklers for
lawns are to be used, they must be equipped with water conservation
technology.This should be enforced by
the Homeowners Association;

5.In the design of the individual wells, set pumps so
that drawdown can go no lower than mean sea level to avoid potential salt water
intrusion. Given the results of the well tests and the likelihood of similar
production results for the other wells to be constructed on the site, this
should impose no problem under normal use circumstances;

7.To insure that all lots in the subdivision have access
to sufficient potable water for the intended use, all site wells shall be
installed and approved prior to final approval;

8.This approval shall expire one year from the date of
approval by the Planning Commission unless recorded by that date.

So voted:

Gary Girard – AyeVictor
Calabretta – Aye

Betty Hubbard – AyeBarry
Holland – Aye

Jean Brown – AyeRichard
Ventrone – Nay

Michael White – Aye

Motion carries by a vote of 6-1

2.
10 Narragansett Ave – Plat 8 Lot 169 - Development Plan Review –

Recommendation
to the Zoning Board

Ray Bazzano introduced his wife Karyne
Bazzano who is also his business partner.

Mr Bruce MacIntyre
made a presentation to the board and is asking for approval tonight with a
positive recommendation to the Zoning Board.

Water issues are a concern both in terms of potable water
usage and stormwater.They want to retain the same number of
units, 10 but the bedroom and bathroom count will increase.They will put a cistern in for outdoor water
use.Drainage will combine
and retain any increase in runoff.This
plan will produce a net increase in parking.Any suggestions that they may have for the project would be appreciated.They want to preserve the character of the downtown, they will be using low lighting, underground
parking with an open air structure.The
colors used will be Nantucket gray and will fit with the
colors in the area.The plan meets the
spirit of the comprehensive plan and they will be restoring the building to the
original design from when it was originally built.

Commissioner Calabretta is in favor of the project but has
questions about the lot lines, setbacks and if it will cause problems when they
go to zoning.Lot
coverage at 44% which doesn’t include the parking below grade, for discussion
purposes they should have this in place before they go to zoning.Commissioner Girard asks Town Planner Lisa
Bryer and she will ask Fred Brown, Zoning Official if it
counts as part of the lot coverage or whether the below ground parking will
need setback variances.

Commissioner Girard informed the Engineering firm that this
is Jamestown not Middletown,
in the paperwork it says Middletown.They will fix that.

Commissioner Hubbard questioned the applicant about the engineers letter.Matt Viana engineer with Northeast Engineering responded to Michael
Gray’s comments today by email at 3:00 p.m.The
applicant handed out Mr. Viana’s response, the board
told them they do not normally accept information the night of the meeting and
will not be able to vote on this but they can hear the presentation and have it
explained by Mr. Viana.He went through
Mr. Gray’s memo step by step.

Commissioner Ventrone stated he was in front of the condo’s
this week and a fireman told him that they are called to pump out the condo’s next
door at least 3 times a year and with the drainage right now the way it is proposed
it is going to exacerbate the problem.It was acknowledged by Commissioner Girard that there is flooding
problems with the Bay View condo’s right now.The sub-drain system that is in place right now is very deep and is
working very well.Commissioner Holland
asks about the placement of the cistern.Commissioner Ventrone stated once it accepts the 3,500 gallons than it
will run off overland flow.They stated
that they will empty the cistern in times of heavy rain.Mr. Viana says it will not be an increase but
Commissioner Ventrone thinks it will. Commissioner Holland asks who will be in
charge of monitoring and emptying the cistern at the condo building.Mrs. Bazanno says
it can be written into the condo association by laws.Commissioner Ventrone asked the applicant, “why don’t you redesign it and take care of the problem that
exists now.”Commissioner Girard said
all the commissioners are familiar with the problems that exist now.

Commissioner Calabretta said the new condo’s
up the street have an extensive sub drainage system for a reason.There is a high groundwater table in the
area.He asked the engineer, “What do
you know that no one else knows and why do you think you don’t need it?”Commissioner Calabretta asked the engineer a
question about what he thinks will happen in a hypothetical situation.Is Bayview comfortable with this
design?They will have to get an
agreement from Bayview to use their system.Mr. Ornstein, the project architect explained the design that the
Bayview has and why.He says it will be
exactly the same.Commissioner
Calabretta addressed Mr. Bazanno and explained the
drainage system and what it will do and wants to make sure that he knows what
could happen and that he and the abutters need to be comfortable with the
design and that it will work because he will be the one that is financially
responsible.

Mr. Viano finished his recap of
his memo and Commissioner Girard asked if there were any other questions.

Mr. Bazzano explained the design of unit one and that it has
four bedrooms because it will be for his and his wife’s visiting family members.

Commissioner Girard went through Town Planner Lisa
Bryers
memo and explained to the board what they need to talk about.

Commissioner Girard asked Town Planner Lisa
Bryer about the Affordable Housing issue.The applicant has indicated that they would
like to provide the two units of affordable housing off site.If the applications were moving along simultaneously
it could be linked together but it’s not at this time so we need to address the
issue in terms of financial security such as bonding, letters of credit and
determining the value of the units. We can talk to Church Community Housing to
get a cost estimate.Two of them should
be affordable units if you base this on the 20% rule.He can post a bond for the estimated amount
and the town could hold that bond until it’s done.Mr. Bazzano stated that he is going to
purchase another building and make it affordable.Commissioner Girard explained the process
along with the Town Planner.Commissioner
Hubbard asked about a time frame and do we put a time limit on it.Town Planner Lisa Bryer
said the Zoning Board will decide this with a recommendation from the Planning
Commission.

Mr. Bazzano suggested to have the town hold 2 certificates
of occupancy until 24 Narragansett is completed.Mr. Bazzano sat with Nick Robertson, Chair of
the Affordable Housing Committee, who is in support of this plan and the future
plan of 24 Narragansett Ave.
Mr. Bazanno said instead of 2 units at 10
Narragansett it would be 4 units at 24 Narragansett.

Commissioner Girard asked about a Landscaping Plan.

Mr. MacIntyre said essentially they want to maintain the
existing design with the hedge and preserve the look of the period instead of
changing all the landscaping.Commissioner Ventrone wants them to have a professional do the landscape
plan.Mr. Bazzano said they will have
what is there nowand is open to suggestions from the Commission.

Commissioner Ventrone said normal procedure is having this
all completed before approval and recommendation to the Zoning Board, a landscaping
plan, lighting fixture pictures, etc.If
they don’t get approval at zoning and we are making all these suggestions
aren’t they wasting their time asked Commissioner Brown.Town Planner LisaBryer explained Commissioner Browns
question.The PC is advisory to the
Zoning Board whether they take our recommendation or not, we still make an
advisory recommendation.

Mrs. Bazzano explained there is not going to be a dramatic
change to the landscaping, in fact they are uprooting a hydrangea and
replanting it and the lighting will not be a big change and we would like to
keep the same look to the building.Commissioner
Ventrone said show me in a plan, I want to see it before I sign off on it.

Commissioner Hubbard said she has 2 items on her list from Lisa
Bryers
memo which Mr. Bazzano said he has submitted.She said they are better off coming back with the written material from
Mike Gray regarding drainage etc.They
can come back to the next meeting with all the things that are asked for at
this meeting tonight.They want to see a
letter of agreement from Bayview and Commissioner Girard suggested they contact
Mr. Parks first on the Affordable Housing to make sure it meets with his
approval first.What will the walkways
be made of?No gravel, oyster shells
said Mrs. Bazzano.Commissioner
Calabretta wants to hear Mike Grays opinion
first.The Commissioners want labels to
show the plants, shells etc. A motion to continue this issue until the next
meeting was made by Commissioner Girard and seconded by Commissioner Ventrone.So unanimously voted.

VI. New Business

1. FY 2006
Community Development Block Grant – Planning Commission

Endorsement

Town Planner Lisa Bryer went
through the priority list and answered any questions the Planning Commission
had.We are asking for the full amount
of 250,000.

Commissioner Girard made a motion and Commissioner Brown seconded
the motion:

The
Jamestown Planning Commission hereby certifies that the proposed FY2006
Community Development Block Grant activities are in compliance with local
development policy as set forth in the 2002 Jamestown Comprehensive Community
Plan as amended and with the Jamestown Subdivision and Land Development Regulations
and Jamestown Zoning Ordinance.

So
unanimously voted.

A motion to adjourn at 9:40 p.m.
was made by Commissioner Calabretta and second by Commissioner White.So unanimously voted.